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Wen Hua Zhao v. Gonzales
Citation: 156 F. App'x 410Docket: No. 04-0300-AG NAC
Court: Court of Appeals for the Second Circuit; December 1, 2005; Federal Appellate Court
Wen Hua Zhao petitions for review of the BIA's decision, which upheld the Immigration Judge's (IJ) denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The review focuses on the IJ's findings, which are subject to substantial evidence standards, meaning the findings can only be overturned if a reasonable adjudicator would be compelled to conclude otherwise. The IJ's adverse credibility determination is supported by substantial evidence, including Zhao's demeanor and specific instances of suspicious testimony. Key points undermining Zhao's credibility include his omission of his girlfriend's abortion in his I-589 application, which was critical to his asylum claim; the IJ found this delay in disclosure strained credulity and questioned Zhao's claim that his lawyers did not inquire about it. Additionally, Zhao failed to adequately explain why he did not mention a 30,000 yuan fine during multiple inquiries from the IJ, which led to the conclusion that he may have been testifying from a script. Zhao's submission of a "Certificate of No Criminal Record," dated June 13, 2001, contradicts his claim of being wanted by the police, as it stated he had no criminal record up to his departure from China on February 25, 2001. Furthermore, discrepancies in the dates of his employment in his I-589 application raised doubts about his overall veracity, with inconsistencies between claims of being unemployed since October 1999 and references to construction work in 2000 and 2001. The IJ's conclusions were found reasonable based on these contradictions and Zhao's inability to provide satisfactory explanations in court. The Immigration Judge (IJ) identified two key inconsistencies in Zhao's testimony: his lack of awareness regarding local marriage and birth control policies, and his assertion that he and his girlfriend remained in his house despite an official abortion warning due to their disbelief in the threat. While the first inconsistency is deemed inconsequential, the second diminishes the credibility of Zhao's fear of severe penalties, such as a 30,000 yuan fine or imprisonment. Additionally, Zhao's vague summary of his fear of imprisonment, lacking reference to specific details from his testimony, supports the IJ's view that his testimony appeared scripted. Although an alternative interpretation exists, the IJ provided clear and logical reasoning for their findings, which are not based on flawed reasoning or incorrect legal standards. Consequently, under the limited review standards, the IJ's conclusions are upheld. Furthermore, substantial evidence supports the IJ's denial of Convention Against Torture (CAT) relief based on credibility and the failure to meet the burden of proof; Zhao has waived his claim by not presenting it to the Court. Therefore, the petition for review and Zhao's motion for a stay are both denied.